When is the rent due ?

[stinastina]

What is the name of your state (only U.S. law)? Georgia

We are month to month tenants and our old lease which was revised (we never received a copy of the revised lease) states that rent is due by 5pm of the 5th day otherwise a late fee is imposed. Also both my husband and I are on the lease and only his initials are next to the revisions. The landlord requires us to mail payment to him and after 2 years complained that he never receives payment before the 5th.

I assumed (maybe incorrectly) that if the money order we always send is dated before the 5th, it is not late and besides, we do not have control over the post office.

We sent him a notice to vacate. At issue is one month late rent for September and then he had the nerve to say he did not receive October's rent until 10/10. He really upset me with that one because I sent him the rent certified & registered. I checked online and the post office said they attempted to deliver 10/4, 10/6 and 10/8. It was finally accepted on 10/8 by someone at his home with his last name.

I appreciate your legal feedback. If I was supposed to do something different, I will make sure to change. Plus any suggestions on how to make sure he gets the rent with verification in his hot hands by the 5th via the U.S. Postal service. Our new landlord wants us to pay by bank deposit which I think is a great idea. Our last landlord did that, too.

 

[sandyclaus]

What is the name of your state (only U.S. law)? Georgia

We are month to month tenants and our old lease which was revised (we never received a copy of the revised lease) states that rent is due by 5pm of the 5th day otherwise a late fee is imposed. Also both my husband and I are on the lease and only his initials are next to the revisions. The landlord requires us to mail payment to him and after 2 years complained that he never receives payment before the 5th.

I assumed (maybe incorrectly) that if the money order we always send is dated before the 5th, it is not late and besides, we do not have control over the post office.

We sent him a notice to vacate. At issue is one month late rent for September and then he had the nerve to say he did not receive October's rent until 10/10. He really upset me with that one because I sent him the rent certified & registered. I checked online and the post office said they attempted to deliver 10/4, 10/6 and 10/8. It was finally accepted on 10/8 by someone at his home with his last name.

I appreciate your legal feedback. If I was supposed to do something different, I will make sure to change. Plus any suggestions on how to make sure he gets the rent with verification in his hot hands by the 5th via the U.S. Postal service. Our new landlord wants us to pay by bank deposit which I think is a great idea. Our last landlord did that, too.

Generally speaking (because I can't find anywhere in the law that makes it specific), a rent payment is usually considered paid as of the postmark date on the envelope.

As for the late rent in October, that one would be on your side with or without the postmark ruling. The post office made their first attempt to deliver before the 10/5 payment deadline. It's not YOUR fault that no one was home to receive the mail.

Technically speaking, however, if your rental agreement states that your rent is due on the 1st, but that a late fee isn't charged until the 5th, that doesn't mean that paying after the 1st isn't late. It only means that your LL allows a 5-day grace period during which he won't charge you for a late fee. The rent is STILL late if not paid on the 1st. Tenants who habitually ride that grace period can be a concern for a LL - especially when they fail to pay the late fees.

I don't recommend direct deposits into a LL's account. There's no way to prove who made the deposit, and that it's intended as a rent payment. You have no receipt to show that the rent was paid on time.

 

[TinkerBelleLuvr]

You should make sure that checks are mailed to ARRIVE on or before due date. What is the day your rent is due? Check your lease, but most likely on the FIRST of the month.

I use my bill pay function of my checking account for the checks to ARRIVE on the 1st. If the 1st is on the weekend, then I schedule it the Friday before the weekend.

Just because your LL allows for a grace period does NOT mean the rent is then due on the last day of the grace period.

 

[Gail in Georgia]

"I assumed (maybe incorrectly) that if the money order we always send is dated before the 5th, it is not late and besides, we do not have control over the post office. "

Like many tenants, you assumed incorrectly. If your lease states that rent is due on the 1st, that is when it is due. Not sometime BEFORE the 5th of the month. This is only a grace period to help you avoid the additional late fee.

Gail

 

[BL]

What is the name of your state (only U.S. law)? Georgia

We are month to month tenants and our old lease which was revised (we never received a copy of the revised lease) states that rent is due by 5pm of the 5th day otherwise a late fee is imposed. Also both my husband and I are on the lease and only his initials are next to the revisions. The landlord requires us to mail payment to him and after 2 years complained that he never receives payment before the 5th.

I assumed (maybe incorrectly) that if the money order we always send is dated before the 5th, it is not late and besides, we do not have control over the post office.

We sent him a notice to vacate. At issue is one month late rent for September and then he had the nerve to say he did not receive October's rent until 10/10. He really upset me with that one because I sent him the rent certified & registered. I checked online and the post office said they attempted to deliver 10/4, 10/6 and 10/8. It was finally accepted on 10/8 by someone at his home with his last name.

I appreciate your legal feedback. If I was supposed to do something different, I will make sure to change. Plus any suggestions on how to make sure he gets the rent with verification in his hot hands by the 5th via the U.S. Postal service. Our new landlord wants us to pay by bank deposit which I think is a great idea. Our last landlord did that, too.

Show him the proof of attempted deliver on the 4th.

Rent is suppose to be received but the due date ,you have until the grace period is up ( but still suppose to be received by that date ) .

If payment is required by mail ,then it's up to you to make sure he receives rent per lease.

I myself usually have to utilize grace period into a couple or 3 days per month ,but I have the convenience of paying it on premises and receiving a receipt. I do NOT use their drop Box.

 

[stinastina]

Thank you for your responses. Our actual original lease does not say when rent is due ! I was surprised when I looked at it. It has a section that says it should be received by 5pm on the 5th and the late fee and that's it !

Does the fact that the lease lists Me and Husband as tenants and the amended first page with the added late fee is only initialed by Husband mean anything as far as not having to pay a late fee ? I signed the initial lease but no one asked me to sign for the changes to add a late fee.

@sandyclaus - if we were able to pay by bank deposit, when I go into the bank, they give me a receipt with the date and account number. Usually the teller will cross out the balance.

 

[BL]

Thank you for your responses. Our actual original lease does not say when rent is due ! I was surprised when I looked at it. It has a section that says it should be received by 5pm on the 5th and the late fee and that's it !

Does the fact that the lease lists Me and Husband as tenants and the amended first page with the added late fee is only initialed by Husband mean anything as far as not having to pay a late fee ? I signed the initial lease but no one asked me to sign for the changes to add a late fee.

@sandyclaus - if we were able to pay by bank deposit, when I go into the bank, they give me a receipt with the date and account number. Usually the teller will cross out the balance.

Since the LL owns some of these homes and rents them out at the same rental rate ,have you ever provided him in writing that you own the home ?

 

[stinastina]

Since the LL owns some of these homes and rents them out at the same rental rate ,have you ever provided him in writing that you own the home ?

I don't understand your post at all. I only spoke about one home and my husband I are tenants that rent from the LL.

 

[BL]

I don't understand your post at all. I only spoke about one home and my husband I are tenants that rent from the LL.

Disregard. Then.

Different thread I was thinking about.

 

[Gail in Georgia]

"Does the fact that the lease lists Me and Husband as tenants and the amended first page with the added late fee is only initialed by Husband mean anything as far as not having to pay a late fee ?"

No.

Gail

 

[South954]

For most leases rent is due on the 1st of the month. you normally have until the 5th to avoid late fees, but that doesn't mean it's due on the 5th, it's due by that day.

 

[stinastina]

"Does the fact that the lease lists Me and Husband as tenants and the amended first page with the added late fee is only initialed by Husband mean anything as far as not having to pay a late fee ?"

No.

Gail

I read that if you have a contract and decide to make changes to the contract that all parties to the contract have to initial the changes in order for the changes to be valid. Are you saying that's not true ?

 

[Gail in Georgia]

No. The argument will be that since you two are married, your husband represented you when he initialed this clause.

Look; Georgia is an incredibly landlord friendly state. Try to pull that baloney in court that you don't owe late fees because your husband initialed the clause but you didn't and see how far you get.

Gail